You May be Entitled to Significant Compensation Cosmetic grade talc safe. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!
J&J’s proposed talc settlement will provide $400 million to US state AGs. Cosmetic Grade Talc Safe .
Johnson & Johnson (JNJ.N) has put aside $400 million to settle U.S. state consumer protection actions as part of its larger $8.9 billion deal to settle allegations that it’s Baby Powder and other talc-based products cause cancer. Cosmetic grade talc safe.
J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm plans to pay different kinds of cancer patients in an arrangement for bankruptcy. Cosmetic grade talc safe. J&J has claimed that its talc products are safe and do not cause cancer. It is attempting for an additional time to conclude more than 38,000 lawsuits in bankruptcy and prevent new cases from arising in the near future.
LTL’s bankruptcy plans would deposit $400 million to a separate trust for claims filed from state attorney generals claiming that J&J did not comply with states’ unfair practices and consumer protection laws by misinforming consumers regarding the dangers of its talc products.
A number of states had already initiated consumer protection measures against J&J prior to the first bankruptcy filing prevented those investigations from progressing in 2021. Cosmetic grade talc safe. New Mexico and Mississippi had already brought lawsuits in the past against Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas, according to LTL’s court papers.
New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy as well as cancer patients as well as those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog. have claimed that a lucrative company like J&J is not eligible for bankruptcy protections aimed at those struggling with debt.
The first time LTL attempted to settle the bankruptcy lawsuits was thrown out after similar arguments. The U.S. appellate court decided in favor of LTL had not been in “financial difficulty” and ineligible under bankruptcy law. Cosmetic grade talc safe. LTL declared bankruptcy a second time just over two hours after the decision to dismiss, arguing that the second bankruptcy was different because there was less money available and more backing for an agreement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s new bankruptcy violates the law enforcement powers of the state in attempting to unilaterally limit the liability of the company for state consumer protection measures.
Cosmetic Grade Talc Safe
LTL’s recent filings also provided additional details about how the company would evaluate and pay cancer claims in the event that the bankruptcy plan is approved.
The most significant payments under the settlement will be $500,000 to those diagnosed with cancer of the mesothelioma ovary before age 45. Cosmetic grade talc safe. The second payment would be $260,000 for those who have been diagnosed with advanced ovarian cancer before age 45.
The proposed settlement offers discounts based on the severity and type of the cancer, the person’s years of age, their history of usage of talc and other variables. Cosmetic grade talc safe. For example an individual who was using talc products weekly, had an ancestral history of ovarian cancer and was diagnosed stage II ovarian cancer at the age of 55 might qualify to receive a payment of $21,125 according to the plan.
Judge decides J&J and talc opponents to take part in settlement talks.
Following another hearing in Johnson and Johnson’s efforts to utilize a Texas Two-Step bankruptcy strategy to settle talc lawsuits and federal bankruptcy judge Michael Kaplan has ordered the company and those opposing the plan to enter into negotiations to settle the matter, Bloomberg reports.
With its second bankruptcy attempt for LTL Management–a subsidiary established by J&J to hold the claims–the company made a settlement offer of $8.9 billion. Cosmetic grade talc safe. While one group of law firms representing plaintiffs supports the offer, another group is against the settlement.
In the last week, an opposition group, called”The Official Committee of Talc Claimants, urged the bankruptcy court to dismiss the case by asserting that LTL is not a factor in financial distress.
“The filing is an unjust and legally flawed attempt by a small number of law firms to stop claimants from deciding on the resolution plan–a plan the vast and growing majority of claimants favor,” J&J’s litigation chief Erik Haas, said in an announcement. Cosmetic grade talc safe. “The law firms involved in this filing have financial interests that conflict with, diverge from and contravene those they represent. We’ll soon submit a response in the appeals court.”
Cosmetic grade talc safe. Clay Thompson, a lawyer for MRHFM, which includes more than mesothelioma clients who have sued J&J for bankruptcy, told J&J’s second bankruptcy effort is likely to fail.
“J&J publishes press release about how wonderful its plan is, while insisting that the plan’s details, including what individual sick people would actually receive — be kept private,” Thompson said in a statement. “What do J&J have to conceal?”
Kaplan has instructed the sides to create a reorganization plan, under supervision and supervision of mediators.
On February 20, 2022 Kaplan confirmed J&J’s recourse to Chapter 11 to hasten a settlement that will free J&J from the hundreds of thousands of claims concerning its talcum products.
But in the month of January, a federal appeals court ruled against the decision, deciding that the company could not be considered to be in “financial distress.”
After J&J’s contest the U.S. Supreme Court was rejected at the end of April J&J declared bankruptcy just two hours later. In response, Kaplan froze the lawsuits for 60 days in order to determine whether or not to approve another bankruptcy.
J&J’s unstoppable profit engine goes out of control after $6.9B cost of litigation involving talc.
Through Two Chapter 11 attempts, J&J has gotten 19 months of which the cases were suspended. Cosmetic grade talc safe. The company would like claimants to take a vote to accept their settlement. J&J will require 75% of the vote for the deal to go through.
In addition to the group of talc lawyers who criticised the company’s bankruptcy play, the U.S. Trustee is an arm from the U.S. Department of Justice has also filed a motion to dismiss LTL’s second bankruptcy case.
In a letter filed this week, U.S. Trustee Andrew R. Vara wrote that the the bankruptcy court remain “open to honest, but naive debtors.” These doors “are not open to parties who do not have a legitimate bankruptcy purpose or that seek to abuse the bankruptcy process to hinder or delay their creditors.” Vara continued.
To its credit, J&J maintains there is no proof conclusive that their Talc products, which includes the famous baby powder, cause cancer. J&J has been taking the products of the market, first for North America in 2020–and the rest of the world later this year.
J&J is determined to stay clear of the cost of going to court. The company has won the majority of the cases that were decided through trial, though some losses have been very harsh.
A highly publicized trial in Missouri ended in a $4.7 billion verdict against the drug maker and was later lowered to $2.1 billion following appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
In all, J&J has lost nine talc trials that are either being appealed or concluded. Of the 41 trials, 32 have resulted in the favor of J&J, a mistrial or verdict for a plaintiff that was reversed on appeal. Cosmetic grade talc safe. In addition, J&J in 2020 sought to settle nearly 1000 cases at a cost of the sum of $100 million. Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Cosmetic Grade Talc Safe
Our lawyers handle baby powder cases in all 50 states. The lawsuits involving talcum powder on behalf of Johnson & Johnson have been in the process for several years. Cosmetic grade talc safe. The lawsuits allege that prolonged use of the powder (or “talc”), the active ingredient found in products such as Baby Powder or Shower to Shower and Shower to Shower, could cause cancer of the ovary in certain women.
This page gives a J&J update on the talc power litigation and discusses how the upcoming bankruptcy ruling affects the final settlement amount in these ovarian cancer lawsuits.
Have you reached the deadline by which you to make a claim for talcum powder? Many who assume the deadline has passed to sue Johnson & Johnson are wrong. Call us now at 800-553-2082 or request a free and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Cosmetic Grade Talc Safe
June 2 2023 Update: In an asbestos talc court trial held which took place in California yesterday, technical issues interrupted the opening statements of the defense attorneys. Cosmetic grade talc safe. Jurors who were watching from home via Zoom but did not hear Johnson & Johnson’s lawyer expressing doubt about the 70s research that claimed asbestos was present in their product, but the opening was abruptly ended.
The plaintiff was able to introduce its first expert witness Arthur Langer. Langer explained that the existence of other minerals with the talc mineral is a given. He testified that his team had notified J&J in 1971 of the presence of chrysotile asbestos within the company’s talc, albeit at lesser than 0.1 percent. He also uncovered more asbestos in 1976.
June 1st, 2023 Update Cosmetic grade talc safe. First trial after J&J made the decision to split its talc section and declaring bankruptcy marks an important turning point within the ongoing lawsuit controversy. The trial began on Tuesday in the tragic trial of a young plaintiff who was diagnosed with a rare and aggressive form of mesothelioma earlier this year. which lawyers on both sides acknowledge is a harrowing tragedy.
Opening statements revealed distinct differences between each side’s narrative. The attorney for the plaintiff took aim at Johnson & Johnson, alleging the use of deceitful tactics in research practices and throughout the litigation procedure. The attorney claims that, according to, Johnson & Johnson tried to alter the definition of asbestos in spite of internal documents dating from the year 1978 and 1994 indicating that asbestos fibers found in plaintiff’s tissue are included.
Johnson & Johnson’s precarious $8.9 billion settlement proposal hangs in the balance with the progression of this trial. Despite the distinct nature of this mesothelioma lawsuit and the unique issues it faces compared to most talcum powder lawsuits and a decision in favor of the plaintiff could result in an enormous setback for J&J’s hope of gaining broad acceptance for the settlement they have proposed among plaintiffs.
May 31, 2023: Update from Johnson & Johnson’s bankrupt talc unit strongly defended their 2nd Chapter 11 filing in the opposition of the talc injury plaintiffs. In an appeal to the New Jersey bankruptcy court, the subsidiary argued that the filing was distinct from the previous filing. It also emphasized the unprecedented commitment to $8.9 billion from J&J the largest ever settlement in an bankruptcy case involving mass torts. Cosmetic grade talc safe. The issue is not discussed: whether this amount indicates that it is a fair settlement. J&J also claimed support from numerous plaintiffs’ law companies representing over the 60,000 plaintiffs. This is difficult to verify but it’s likely to be false.
May 24 2023 Update: As of Johnson &J Johnson’s bankruptcy filing, the first trial concerning its cosmetic talc products that are believed to that contain asbestos is scheduled to start jury selection Monday in California within the Alameda County Superior Court, the most favored court for plaintiffs. The plaintiff claims that his mesothelioma was caused by asbestos exposure in J&J’s product, an allegation that the company is denying. The trial also includes six retailers accused of selling talc products.
May 22nd, 2023 Update: Lawyers in the 2nd J&J talc bankruptcy are now disputing who should be chosen to fill the role of a the future claims representative, a role that is critically critical to resolving claim for talc. Cosmetic grade talc safe. Randi Ellis, a lawyer who is frequently involved in MDLs all over the nation was appointed the claims representative in the previous bankruptcy. J&J’s defense team wants Ellis to be appointed in that position yet again, but the lawyers for the plaintiffs in talc are arguing to the claim that Ellis has an interest conflict that would prevent her from taking on that role in the future. The conflict stems from the reality that Ellis was reportedly involved in drafting the hotly contested second bankruptcy, which raises concerns about her capability to remain neutral. The reality is this bankruptcy will likely to be tossed out anyway.
May 17, 2023 Update: The fake company J&J created to settle the talc litigation bankruptcy disclosed to the New Jersey bankruptcy court that they have allocated $400 million to pay the claims of states that accuse J&J of misleading marketing regarding its talc products. Cosmetic grade talc safe. It’s a $8.5 billion settlement for cancer victims. It’s hard to imagine any scenario in which J&J can get these baby powder settlements through given these numbers. While J&J’s proposed $8.5 billion offer seems like a lot of money initially, it will not appear appealing when you consider the math. The proposed settlement based on our rough calculations – would not be able to pay victims more than $100,000 per case. This isn’t enough.
May 15 2023 Update: J&J could be facing suit from an advocacy group representing cancer victims. Cosmetic grade talc safe. The group argues that J&J deliberately withdrew the $61.5 billion financing agreement together with its parent company, LTL Management LLC, to simulate financial distress and to validate the company’s Chapter 11 bankruptcy filing. The group asserts this action amounts to a fraudulent transfer of rights of victims’ compensation. They intend to investigate J&J’s actions after the announcement of the dismissal of the first bankruptcy case of LTL.
May 10 2023 Update: During the next week in it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to dismiss the second bankruptcy filing that was filed by J&J company LTL Management. However, in the meantime, the bankruptcy has issued an order requiring both sides to participate in a new settlement mediation with the hopes of achieving an international settlement agreement can be been reached.
May 5th, 2023 Update: Talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products cause cancer from asbestos exposure. Cosmetic grade talc safe. Over 2,700 individuals have sued the firm, and it was paying $1 million per month to defend itself. The company’s recent $29million verdict on the state of South Carolina forced it to file for bankruptcy protection, arguing for a fair distribution of assets between talc claimants rather than being seized in the hands of the receiver. Other suppliers of talc have filed for bankruptcy due to lawsuits.
May 4, 2023 Update U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to resume talks on settlement with lawyers who rebuffed the proposed $8.9 billion deal. The court in Trenton, New Jersey yesterday the parties appeared before a judge to discuss the next steps in their second bankruptcy matter. Judge Kaplan has pushed for further settlement talks.
This is the way to settle these claims for J&J. A settlement for baby powder can be made. Cosmetic grade talc safe. However, it’ll require more money – billions of dollars – of Johnson & Johnson.
Lawyers are split on whether or not to accept the plan and not every client sees the issue in the same manner their attorney does. Second bankruptcy cases are likely to go nowhere with Judge Kaplan has scheduled a hearing for June to decide if he will dismiss the bankruptcy for the second time.
May 3 2023 Update: A group representing cancer patients suing Johnson & Johnson (J&J) requested for J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop the litigation involving talc products. The group representing the claimants made a motion Tuesday requesting for the Third Circuit to consider their case and then send it back before a court of lower jurisdiction, with instructions for dismissing the bankruptcy. Cosmetic grade talc safe. The committee also requested that the stoppage of tort litigation against J&J continue to continue.
LTL filed for Chapter 11 protection once again after its bankruptcy filing was denied in the Third Circuit earlier this year and offered the possibility of an $8.9 billion settlement. The committee believes that the recent ruling, which allows LTL’s third Chapter 11 to continue, and also stopping trials against J&J should be subject to immediate Third Circuit review. The US Trustee also requested that the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s global vice-president of litigation, Erik Haas, was quoted by Bloomberg saying that J&J plans to file a response to the appeals court characterizing the filing as an “desperate and legally flawed plan” by a handful of law firms that have conflicting financial interests.
May 1 2023 Update: A frequently asked question is how could the plaintiffs’ lawyers and their clients turn down $8.9 billion. Of course, it’s quite a sum. There are a lot of victims. Cosmetic grade talc safe. And these are really good arguments for plaintiffs. We were reminded recently when two talc cases have resulted in huge verdicts for plaintiffs. In February mesothelioma cases, a talcum powder trial in Oregon resulted in a verdict of $18.1 million. A month later, another mesothelioma talc case was brought to trial at South Carolina and resulted in the verdict of $29 million on behalf of the plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc. One of the leading manufacturers of talc in U.S.
April 30, 2023 Update: When J&J initially attempted to pull the lawsuit over talcum powder into bankruptcy, it was met with the option of putting aside $2 billion for settlements. The amount was absurdly low. All of the talc plaintiffs believed in it. However, this time, J&J has increased the offer to $8.9 in the event that the talc victims will allow a bankruptcy settlement and also has the support of a substantial portion of the talc plaintiffs and their attorneys. Cosmetic grade talc safe. However, 75% of plaintiffs who are a talc, which is required to approve bankruptcy plans is a difficult road because of the number of lawyers who have large inventory of baby powder lawsuits that are opposed in favor of the deal.
What can be done to end the impasse? More billions.
April 25 2023 update: Talc plaintiffs have requested a judge to reject their Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, declaring that the company isn’t financially troubled. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. Cosmetic grade talc safe. The 3rd Circuit dismissed its first Chapter 11 case in January and said that LTL was not eligible for bankruptcy relief since it did not show financial difficulties.
The claimants assert that the Second Chapter 11 case is an fraud on the bankruptcy system, and that it’s being conducted in bad good faith. J&J states that the bankruptcy settlement has “significant support” from the firms that represent around 60,000 claimants. It is fair to say plaintiffs’ lawyers and victims ‘ lawyers are divided on this $8.9 billion settlement offer.
April 21st, 2023 Update A bankruptcy judge ruled that Johnson & Johnson must face new lawsuits alleging that the firm sold tainted baby powder causing cancer. Although trials for talc lawsuits are paused for a minimum of 60 days and new lawsuits are able to be filed, and lawyers may begin to prepare their cases. Cosmetic grade talc safe. The judge expressed his doubts about J&J’s pathetic attempt to revive its strategy by filing a second bankruptcy case.
April 13th 2023 Update: The biggest update is about the $8.9 billion over the next 25 years offer for settlement. Lawyers representing cancer patients within the MDL class action have promised to fight the settlement along with those who claim talc. Why? They think it is too little money for the 70 000 cancer patients. Cosmetic grade talc safe. The lawyers say that J&J could negotiate a greater settlement or litigate individual claims if the latest bankruptcy is thrown out.
But there’s a separate group of lawyers outside of the leadership group in group action. These lawyers have collectively amassed hundreds of thousands of cases. The group is seeking to settle with what they believe is less than these victims deserve. Their argument is two-fold. The first is that they claim the settlement – about the equivalent of $100,000 per plaintiff – is fair.
This argument isn’t easy to argue. But their second argument has more force: victims should no longer wait and want their money now.
April 12 2023 Update: Some people are asking how J&J is able to file for bankruptcy once more. The answer is complicated and convoluted. But let’s try to explain it simply.
Johnson & Johnson asserts that bankruptcy is the only way to address both present and future talc lawsuits conclusively. In other words, it thinks it will pay less in the event of the bankruptcy element which applies pressure to settle. Cosmetic grade talc safe. Driving past 400 years of American past, the company argues that bankruptcy benefits everyone by dispersing settlement payments more equitably and efficiently than trial courts, in which some litigants receive substantial awards while others receive nothing.
The gist in the 3rd Circuit decision was this is not a case – the profit-making company that has a subsidiary to take the legal liability and declare bankruptcy – Congress thought of when drafting its Bankruptcy Code. However, it also stated that the entity was financially distress due to the fact that J&J offered unlimited financing.
So J&J decided to go with the unlimited funding part of the holding and didn’t promise to fund unlimited lawsuits. The company claims that its updated financing arrangements with its subsidiary addresses the concerns of the appellate court, while offering funds to pay claims. As if providing victims with lesser money could solve the overarching problem.
Attorneys representing cancer patients who do not agree with the agreement counter this by arguing that the plaintiff is a defense against legal nonsense by pointing out legal absurdity: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s previous decision. Hyperbole was not spared the lawyers representing victims call this the biggest “fraudulent move ever in United States history.”
Despite the legal jargon, J&J does not really believe this bankruptcy will be able to last. However, it’s a means of trying to push this $8.9 billion settlement through and maintain pressure on plaintiffs.
April 10 2023 Update: Bloomberg has an interesting article on a new law that has been passed in New Jersey that is shedding new light on litigation funding in the baby powder class action lawsuit. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits from Johnson & Johnson (J&J) over talc products in exchange for a percentage of any profits. J&J is now offering an offer of $8.9 billion to settle lawsuits.
The funders’ involvement is publicly available due to an New Jersey court rule requiring the release of certain details about outside funding backers. This rule is intended to tackle the growing demands for the regulation of lawsuit funders. J&J has to deal with more than 60,000 lawsuits when you include state and federal infant powder litigation. Third-party funding for mass tort lawsuits is not without its pros and pros and. But there is no question that we are witnessing the ways that third-party funding can even the playing field between people and large corporations in the courtroom.
April 4, 2023 Update: It’s fun to watch the worm turning in this legal battle. J&J was hit again this week, when it was found that the Third Circuit denied J&J’s request to continue the automatic stay while J&J appeals a bankruptcy ruling to the U.S. Supreme Court. It has stopped hundreds of cases involving talcum powder and prevented new lawsuits from getting filed ever since J&J started the controversial process to spin the talc liability off into a bankrupt entity over one year in the past. Cosmetic grade talc safe. After it was decided that the 3rd Circuit ruled that this bankruptcy was invalid some months ago, the stay was lifted. J&J was hoping to have it remain in effect until an appeal to the SCOTUS appeal. However, the answer was no.
April 1st, 2023 Update Johnson & Johnson announced it will appeal its 3rd Circuit bankruptcy loss to the U.S. Supreme Court last week. The chance of the Supreme Court is willing even to consider the appeal? Low.
March 16th, 2023 Update: with the bankruptcy stay officially lifted, the very first new cases have been filed and transferred into the talcum powder class action MDL within a year. Seven new talc lawsuits were added to the MDL over the last month which brings the total number of pending cases up to 37,522.
February 25 2023 Update 2023 Update: A Congressmen from Tennessee is now demanding that be the U.S. Government Accountability Office (GAO) begin an investigation into the cost J&J product containing talc has cost the government in the decades.
In a recent letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of failing to recognize the dangers of its talc product for many years, while tax dollars were spent on treating people who suffered injuries from exposure to the products. The suit comes just a few days after J&J’s significant loss in the 3rd Circuit Court of Appeals.
Cosmetic grade talc safe. J&J has to begin making reasonable settlement offers to victims to the process of putting all this behind. It is a stain on one of the world’s greatest companies.
February 14 , 2023 Update: At the hearing held today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following the 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Cosmetic grade talc safe. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!